21 September 2010

While awaiting the comments of the Office of the President on the Recommendations of the Incident Investigation & Review Committee (IIRC) contained in its First Report, the IIRC would like to issue certain clarifications to correct speculations that abound on the nature of the IIRC’s Recommendations. The IIRC asks for patience in waiting for the release of the portion of its Report on Recommendations, in deference to the comments of the Office of the President, which are both surely forthcoming.

The IIRC is conscious of the fact that from its Report and Recommendations, those who the IIRC deemed to have undertaken acts of commission and/or omission have to be made responsible. Our recommendation was basically to “initiate administrative proceedings for specific administrative offenses under applicable rules of the NAPOLCOM/PNP and the Local Government Code, and the preliminary investigation for possible criminal liability arising from the acts or omissions as determined by the IIRC”, of the officials named in the Report. The IIRC understood that its mandate is just for fact-finding and recommendations. Due process must be observed and we cannot be the judge and the jury at the same time. The Recommendations are, by its nature subject to the review and approval of the Office of the President.

The President has given the IIRC complete independence in doing its job and we trust his sound judgment in coming up with a fair, judicious and accountable action plan to implement our recommendations.

The task of the IIRC was most difficult. Throughout the two weeks hearing, we were constantly made aware of the heavy burden the country, the Chinese government and the Hong Kong people have placed on the outcome of the investigation.

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